State v. Kennedy

Defendant was charged with unlawful possession of a weapon. ORS 166.250. The trial court granted his motion to suppress evidence of the weapon and his statements concerning it. The state appeals. We affirm.

At the omnibus hearing, the arresting officer, Reeves, testified that at approximately 3:45 a.m., on June 6, 1983, he observed a vehicle parked in Skinner’s Butte Park, in violation of Eugene City Ordinance Section 4.680(2). After the arrival of a back-up officer, he approached defendant and a male companion, who were asleep in the vehicle. Reeves awakened defendant and his companion and…